HARVEY v. LOU SURCAMP LOGGING

TP-88028; CA A50832.

785 P.2d 383 (1990)

100 Or.App. 227

In the matter of the Compensation of Dennis J. HARVEY, Claimant. Dennis J. Harvey, Petitioner, v. LOU SURCAMP LOGGING and Liberty Northwest Insurance, Respondents.

Court of Appeals of Oregon.

Decided January 17, 1990.


Attorney(s) appearing for the Case

James L. Edmunson, Eugene, argued the cause for petitioner. On the brief were Christopher D. Moore and Malagon, Moore & Johnson, Eugene.

Christopher B. Marks, Portland, argued the cause for respondents. With him on the brief was MacMillan & Scholz, Portland.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


RIGGS, Judge.

Claimant seeks review of a Workers' Compensation Board third party order, challenging the Board's method of distributing the proceeds from the settlement of his third party claim. We review for substantial evidence and errors of law and affirm.

Claimant was injured on a third party's premises while performing his work duties. Liberty Northwest Mutual (Liberty), employer's insurer, accepted the claim. It then requested that claimant elect either...

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